At the direction of the Attorney General, the Health Care Advocate created an initiative to improve end of life care in Rhode Island through legislative advocacy, providing education, and improving health care policies. The Attorney General sponsored a three-part End of Life Conference to assess the status of end of life care in Rhode Island, specifically Pain Assessment and Management, Respecting Patient’s Wishes, and Ethical Issues of Dying . The Conference Report, Dying with Dignity, is available on-line.

To develop and implement the recommendations of the End of Life Conference, the Attorney General established a Task Force to Improve End of Life Care, consisting of representatives from the following stakeholders: health care providers, advocates, academics, government, pastoral/spiritual care, and the legal community. The Health Care Advocate is the Vice Chair of the Task Force. The Task Force and its members drafted legislation to improve pain assessment and management, advance care planning, and hospice care, issued a Pain Resource Guide, revised advance care planning forms, and sponsored more than 50 educational programs concerning pain assessment and management, advance care planning, and hospice care.

Advance Care Planning
Rhode Island Law permits adults who are 18 years or older and competent to make medical treatment decisions, including the right to refuse any life-sustaining medical treatment or procedure. If the adult has the ability to understand the nature of the medical condition and the advantages and disadvantages of treatment recommended by your doctor, then the competent adult patient has the right to make his/her own health care decisions. Unfortunately, situation may occur where the adult is unable to make medical treatment decision, such as sickness or injury. Adults may still exercises the right to make medical treatment decisions, even if they are unable to do so, provided that they plan in advance. An advance directive is a written document that a competent adult may use to express his/her wishes concerning medical treatment decisions if he/she becomes unable to make medical treatment decision.

Rhode Island law recognizes the following two (2) forms of advance directives:

• Durable Power Of Attorney For Health Care, or
• Living Will.

A Durable Power Of Attorney For Health Care is a document, which permits a competent adult to appoint someone to make medical treatment decisions for him/her when he/she cannot make. A Durable Power of Attorney for Health Care may be used for all types of medical settings, such as hospitals and nursing homes, and for all types of treatment, life sustaining treatment and non-life sustaining treatment.

A living will is a document, which permits a competent adult to tell the doctors to withhold or withdraw life-sustaining medical procedures if he/she becomes terminally ill and cannot communicate his/her wishes for medical treatment.

Some people believe that the Durable Power Of Attorney For Health Care is more useful because the health care agent may participate in discussion with your health care providers and is valid all medical conditions, not just life-sustaining medical procedures for a patient in a terminal condition.

Rhode Island law does not require a particular form for a Durable Power Of Attorney For Health Care; however, the form used must comply with Rhode Island law. The Task Force revised the Rhode Island Durable Power Of Attorney For Health Care form to encourage a discussion about health care decision-making between the patient and the agent. An attorney is not required to complete the Rhode Island Durable Power Of Attorney For Health Care. The Rhode Island Durable Power Of Attorney For Health Care form is available in English and Spanish.

• Rhode Island Durable Power Of Attorney for Health Care (PDF Document)
• Rhode Island Durable Power Of Attorney for Health Care En Español (PDF Document)
• Rhode Island Living Will (PDF Document)

A special Living Will form has been developed for nursing homes residents, if they want to use it.

• Uniform Advance Directives Form For A Nursing Home Resident (PDF Document)
• Directions (PDF Document)

Nothing on this page should be considered legal advice.